Belgium says 1666 royal charter grants its fishermen “eternal rights” to English waters

Britain’s latest gambit to take back control of its fishing rights could be scuppered by an ancient treaty granting Belgian fishermen “eternal rights” to English waters.

Officials from Flanders, the northern, Dutch-speaking half of Belgium, have unearthed a 350-year-old royal charter giving 50 fishermen from Bruges eternal access to English waters. King Charles II signed the “privilege” on October 2, 1666.

The claims come after Environment Secretary Michael Gove announced that as well as exiting the European Union, the UK would also pull out of the 1964 London Convention, a treaty signed by European nations in 1964 that sets rules on foreign fishermen accessing to each other’s waters.

Flemish prime minister Geert Bourgeois unrolled a copy of the charter on a Belgian television news show, suggesting that any British plans to block the North Sea would have to meet the terms of the historic document. “The British were afraid it would still be legally enforceable,” he said.

Ancient rights untested in court

It is unclear whether the 350-year-old document would still apply. “In theory, such privilege can only be undone if the parliament explicitly approves a law,” according to Luc Duerloo, an Antwerp University history professor. “That’s never happened, so in principle the privilege still applies.”

Under the London convention, trawlers from France, Belgium, Germany, Ireland and the Netherlands, the other signatories, catch roughly 10,000 tonnes of fish annually within 12 miles or 22km of the British coast. The EU’s Common Fisheries Policy (CFP) organises national fishing resources as part of a collective EU quota plan based on historical catches.

Michel Barnier, the EU’s Brexit negotiator, bluntly dismissed Mr Gove’s statement in a tweet saying the London Convention had in any case been “superseded” by the CFP.

Around 700,000 tonnes of fish are landed in Britain each year, worth around £775 million. Of that, around 500,000 tonnes are exported, with two-thirds going to the EU: if Britain tries to close access to its waters, it may lose access to valuable foreign markets. Belgium’s current fleet is just 79 boats, but about half of the catches are in British waters.

Charter issued before UK, EU and Belgium existed

The 1666 charter was issued before Belgium declared its independence in 1830, and before the 1707 Act of Union that created the Kingdom of Great Britain. Bruges was part of the Southern Netherlands, controlled by Spain while Charles II was the King of Scotland, England and Ireland.

Charles knew Bruges when the city was the base for his court in exile after the English Civil War that ended with the execution of his father, Charles I. The younger Charles eventually returned to Britain after the death of Lord Protector Oliver Cromwell led to the 1660 restoration of the monarchy. As Charles II, in his capacity as King of England, he issued the “Privilegie der Visscherie” to express his gratitude towards Bruges for its hospitality during his stay there between 1656 and 1659.

iNews

https://inews.co.uk

Sign up to The Essential Newsletter

Email address:

Get daily news updates

The i's Essential Daily Briefing

We know that sometimes it’s easier for us to come to you with the news. That's why our new email newsletter will deliver a mobile-friendly snapshot of inews.co.uk to your inbox every morning, from Monday to Saturday.

This will feature the stories you need to know, as well as a curated selection of the best reads from across the site. Of course, you can easily opt out at any time, but we're confident that you won't.